CITY OF LAREDO

CITY COUNCIL MEETING

A-2009-R-18

CITY COUNCIL CHAMBERS

1110 HOUSTON STREET

LAREDO, TEXAS 78040

OCTOBER 5, 2009

5:30 P.M.

 

sgnhc024DISABILITY ACCESS STATEMENTsgnhc025

Persons with disabilities who plan to attend this meeting and who may need auxiliary aid or services are requested to contact Gustavo Guevara, City Secretary at (956) 791-7308 at least two working days prior to the meeting so that appropriate arrangements can be made.  The accessible entrance and accessible parking spaces are located at City Hall, 1100 Victoria Ave.

 

Out of consideration for all attendees of the City Council meetings, please turn off all cellular phones and pagers, or place on inaudible signal.  Thank you for your consideration.

 

 

I.              CALL TO ORDER

 

II.            PLEDGE OF ALLEGIANCE

 

III.           ROLL CALL

 

IV.          MINUTES

 

 Approval of the minutes of September 21, 2009

 

V.           COMMUNICATIONS AND RECOGNITIONS

 

Recognitions

 

a.    Recognizing Ruthe B. Cowl Rehabilitation Center on their 50th Anniversary Celebration.

 

Communiqués

 

Citizen comments

Citizens are required to fill out a witness card and identify themselves at the microphone.  Comments should be relevant to City business and delivered in a professional manner.  No derogatory remarks will be permitted.  There is a time limit of three minutes per speaker.

 

 

 

VI.          APPOINTMENTS TO COMMISSIONS, BOARDS AND COMMITTEES

 

VII.         PUBLIC HEARINGS

 

1.       Public hearing and introductory ordinance amending Chapter 11 entitled (Electricity) of the Code of Ordinance of the City of Laredo by amending Section 11-2, of the Laredo Code of Ordinances by adopting with modification and amendments, the 2008 edition of the National Electrical Code of the National Fire Protection Association, Inc.; deleting sections 11-6, 11-23, 11-25, 11-27, 11-61, 11-64; modifying sections 11-4, 11-7, 11-22, 11-43; amending section 11-24 registration fees for contractors; amending section 11-44 basis fees from $20.00 to $25.00 and re-inspection fees from $10.00 to $50.00; adding section 11-65 providing a penalty not to exceed $2,000.00; providing a saving clause; providing severability clauses; and providing an effective date. (Approved by Operations & Finance Committees)

 

2.       Public hearing and introductory ordinance amending the City of Laredo Health Department FY2009-2010 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures for the continuation of the Women, Infants and Children (WIC) Program in funds not to exceed a total of $4,552,528.00 ($4,133,295.00 (6008) and $419,233.00 (6009)) from the Texas Department of State Health Services beginning October 1, 2009 through September 30, 2010; and amending the FY 2009-2010 City of Laredo full-time equivalent positions by adding one (1) full-time equivalent breastfeeding peer lay educator position with benefits (226-6008) and one (1) full-time equivalent nutritionist position with benefits (226-6009). (Approved by Finance Committee)

 

3.       Public hearing and introductory ordinance amending the City of Laredo Health Department FY 2009-2010 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $40,000.00 for the Texas Mexico Bi-National Solid Waste Reduction and Vector Control Border 2012 grant to provide prevention, disease control, and health promotion activities from the Border Environment Cooperation Commission for the term period of October 1, 2009 through March 31, 2011. (Approved by Finance Committee)

 

4.       Public hearing and introductory ordinance amending the City of Laredo 2009-2010 budget by appropriating revenues and expenditures in the amount of $300,000.00.  The United States Section of the International Boundary and Water Commission (USIBWC) agreed to give the City of Laredo a contribution in the amount of $250,000.00 and the City of Nuevo Laredo, Tamp. agreed to give a contribution in the amount $50,000.00 for the Rio Grande Low Water Weir Project. (Approved by Finance Committee)

 

5.       Public hearing and introductory ordinance amending the City of Laredo FY 2010 Airport Construction Budget to recognize additional revenues from a grant received from the Federal Aviation Administration Airport Improvement Program Grant Project No. 3-48-0136-057-09 in the amount of $3,092,510.00 to rehabilitate General Aviation Apron Phase 4, Rehabilitate Runway 17R/35L edge lights, signs, upgrade electrical vault to include replacing regulators and emergency power generator(s), rehabilitate edge lights at Runway 17L and Taxiway J and engineering work to extend Runway 17R/35L at the Laredo International Airport and appropriating said grant revenue to the appropriate revenue and expenditure accounts and authorizing the City Manager to implement said budget amendment.  The City’s local match in the amount of $163,764.00 (5%) is available through the land purchased in FY2006 (Rash Tract). (Approved by Operations & Finance Committees)

 

(Recess)

(Press Availability)

 

VIII.       INTRODUCTORY ORDINANCES

 

6.       Setting the maximum speed limits on that portion of Shiloh Drive between IH 35 and McPherson Avenue, within the City limits of Laredo, Webb County, Texas, as 40 MPH, as defined in the control section map provided by the City of Laredo, Traffic Safety Department. (Approved by Operations Committee)

 

7.       Authorizing the City Manager to convey a 15 foot easement to AEP for an overhead power line from Las Peñitas Road through the City’s 30 acre site for the Peñitas Wastewater Treatment Plant in order for AEP to provide electric service for the plant, copy of which easement is attached as Exhibit 1, and copy of the location of the power pole is shown on Exhibit A of Exhibit 1; and providing for an effective date. (Approved by Operations Committee)

 

8.       Amending Ordinance No. 2007-O-016 providing for a lease agreement by and between the Laredo Transit Management, Inc. and the City of Laredo Department of Community Development by increasing the leased space at the Laredo Transit Center located at 1301 Farragut by 1,016 sq. ft. from 6,628 sq. ft. to 7,644 sq. ft. for a monthly sum of $5,289.65 and increasing the Community Development’s prorated share of the electric and water bills from 20% to 25% for the remaining term of the existing lease that expires February 2010. All other terms of the agreement will remain the same.  This action is contingent upon the continued availability of grant funding and as a result of recently funded programs through the American Reinvestment and Recovery Act (ARRA). (Approved by Finance Committee)

 

IX.          FINAL READING OF ORDINANCES 

 

9.        

2009-O-169 Amending the City of Laredo Health Department FY 2008-2009 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $258,965.00 from the Texas Department of State Health Services for Public Health Emergency Response (PHER) to provide pandemic planning for prevention, disease control, health promotion and risk communication activities for the term period September 15, 2009 through July 31, 2010; and amending the FY 2008-2009 City of Laredo full-time equivalent positions by adding three (3) full-time positions with benefits.

 

2009-O-170 Amending the City of Laredo Health Department FY 2008-2009 annual budget by authorizing the City Manager to accept, execute and appropriate revenues and expenditures in the amount of $150,000.00 for continuation of the Office of Border Health-Early Warning Infectious Disease Surveillance (EWIDS) grant to continue to provide prevention, disease control, and health promotion activities from the Texas Department of State Health Services for the term period of August 1, 2009 through July 31, 2010.

 

2009-O-171 Amending the City of Laredo 2008-2009 Annual Budget by appropriating revenues and expenditures in the amount of $139,813.00 and accepting a grant award in same amount from the Bureau of Justice Assistance.  The Office of Justice Programs, Bureau of Justice Assistance is contributing the full grant amount of $139,813.00 with no match amount obligated to the City of Laredo.  The City of Laredo and Webb County will each receive $69,906.50.  The City of Laredo will utilize this funding for the purchase of equipment for Homeland Security purposes by the Laredo Police Department for the period of October 1, 2008 through September 30, 2012.

 

2009-O-172 Authorizing the City Manager to amend the City of Laredo’s FY 2008-2009 Transit System’s Capital Grant Budget by $475,709.00.  Ten (10%) percent of the capital funds from the Federal Transit Administration American Recovery and Reinvestment Act (ARRA) Grant TX-96-X001 will be used to fund El Metro’s Operating Expenses.

 

2009-O-173 Amending Chapter 19 Motor Vehicles and Traffic, Articles VIII, stopping, standing or parking, Section 19-355, by amending subsection(A) by separating into subsections (B) and (C) and by creating new subsections (A) and (D) through (I), thereby declaring the violation of City Ordinances relating to stopping, standing, or parking to be civil offenses; prescribing civil fines and other civil penalties; authorizing the City Manager to appoint hearing officer(s); providing for administrative appeal to municipal court; providing for the amount and disposition of civil fines, costs, and fees; and authorizing the Municipal Court to collect an administrative appeal cost for each offense appealed to Municipal Court, and to provide for severability, publication and effective date.

 

2009-O-174 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Conditional Use Permit for a ballroom with alcohol sales on Lot 3, Block 2, Junction Park at Loop 20 Subdivision, located at 804 Los Presidentes Avenue; providing for publication and effective date.

 

2009-O-175 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lot 12, Block 1851, Eastern Division, and 7,716.73 square feet out of Canada Avenue, located at 3002 Clark Boulevard, from R-3 (Mixed Residential District) to B-1 (Limited Commercial District); providing for publication and effective date.

 

2009-O-176 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Tract 17, D-5 Acres, located at 7092 Los Nietos Street, from R-1 (Single Family Residential District) to R-3 (Mixed Residential District); providing for publication and effective date.

 

2009-O-177 Amending Ordinance No. 2009-O-050 authorizing the issuance of a Special Use Permit for a flea market on Lot 1, Block 1, Ervin Farm, located at 4210 S Highway 83, by amending the provisions; providing for publication and effective date.

 

2009-O-178 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 16-22, Block 1, Santa Fe Subdivision, Unit XII, located at 4517, 4519, 4521, 4523, 4525, 4527, and 4529 Vanessita Court, from B-3 (Community Business District) to R-1MH (Single Family Manufactured Housing District); providing for publication and effective date.

 

2009-O-179 Amending the Zoning Ordinance (Map) of the City of Laredo by authorizing a Special Use Permit for the storage of flammable and explosive products on Lot 1, Block 1, United Independent School District Central Administration Complex Plat, located at 501 Eden Lane; providing for publication and effective date.

 

2009-O-180 Amending the Zoning Ordinance (Map) of the City of Laredo by rezoning Lots 1, 2, 8, 9, and 10, Block 28, Western Division, located at 1 S Main Avenue, from AG (Agricultural District) to B-3 (Community Business District); providing for publication and effective date.

 

X.           RESOLUTIONS

 

10.    2009-R-115 Accepting the donation of a tract of land for one (1) utility easement from Esther Martinez, Olga Veronica Martinez, Julio Martinez, Jr., Homero Martinez and Rolando Martinez, for the Pueblo Nuevo Subdivision Easement Acquisition Project; said 0.1020 acre tract, more or less out of Lot 4, Block 19, Pueblo Nuevo Subdivision, recorded in Volume 5, Page 19, Map Records, Webb County, Texas, more particularly described by metes and bounds and a survey; hereto, attached as Exhibits “A” and “B”. (Approved by Operations Committee)

 

11.    2009-R-117 Adopting the City of Laredo Pre Disaster Mitigation (PDM) Plan for the purpose of assisting in identifying and analyzing the various hazards that may occur in our community and organizing the different strategies that will help in making the City of Laredo more disaster resistant by reducing or eliminating the long term risk of loss of life and property damage from the full range of natural disasters or significant emergencies. The State of Texas Governor’s Division of Emergency Management and the Federal Emergency Management Agency (FEMA) have both reviewed and approved the plan contingent on adoption of the City Council, Adopting the City of Laredo Pre Disaster Mitigation. Exhibit A as attached hereto.

 

XI.          MOTIONS

 

12.    Consideration to award a contract to Gulf Coast Emergency Vehicles, Houston, Texas in the amount of $456,393.00 through the Houston Galveston Area Council Government (H-GAC) cooperative purchasing program, for the purchase of two (2) replacement ambulance trucks.  One ambulance will be assigned to Fire Station No. 11 and the other truck will be a reserve ambulance.  Funding is available from 2009 Contractual Obligation Bond Proceeds, 2009 PPFCO.  (Approved by the Finance Committee)

 

13.    Consideration to exercise the purchase option for contract FY09-089 awarded to the low bidder, Gulf Coast Emergency Vehicles, Houston, Texas in the amount of $772,142.00 for the purchase of two (2) fire custom rescue fire fighting vehicles (engine pumper trucks).  These replacement trucks will be assigned to Fire Stations No. 2 and 10.  Funding is available from 2009 Contractual Obligation Bond Proceeds, 2009 PPFCO. (Approved by Finance Committee)

 

14.    Consideration for approval of Change Order #4 in the amount of $202,093.25 to Jimmy Closner Construction Co., Inc. for the project on Mines Road Colonias Water Distribution Systems Work Order #1 and is subject to the approval of the Texas Water Development Board.  This change order consists on the lowering existing services for the Pueblo Nuevo Data Matic System and to reflect the quantities constructed until now.  The construction contract time is extended for an additional 90 calendar days.  The revised contract amount is $2,534,916.50.  The new construction time including this change order will be 595 calendar days.  Funding is available in the Colonias Project Fund. (Approved by Finance Committee)

 

15.    Consideration for approval of Change Order #2 in the amount of $14,265.00 to QROMEX Construction Co., Inc. Granite Shoals, Work Order #2 Water Distribution and Wastewater Collection for Pueblo Nuevo Improvements Project, subject to the approval of the Texas Water Development Board.  This change order consists of construction improvements to provide electrical services for two (2) Lift Stations, located on Paredes Street and the other on Main Street.  The revised contract amount is $2,584,984.89.  Funding is available in the Colonias Fund. (Approved by Operations & Finance Committees)

 

16.    Consideration for approval of amendment No. 1 an increase of $186,000.00 to the professional services contract with FQR Architects, Inc., Laredo, Texas, for the James and Maria Luisa Haynes Health and Wellness Center for the design and preparation of the construction bid documents to include additional facilities including racquetball courts, restrooms, mechanical and storage areas, additional landscaping, tennis courts, walkways, jogging track, and swimming pool.  Current engineering contract amount including this amendment No. 1 is $1,096,208.00.  Funding is available in the 2008 and 2009 C.O. Issues. (Approved by Operations & Finance Committees)

 

17.    Consideration for approval to award a professional services contract to Design Group International, Laredo, Texas, in an amount not to exceed $90,000.00 to provide feasibility study and design services for the roof replacement of the old Santo Nino Library to include new roofing, steel roof structure, foundation modifications if needed, exterior painting and non-structural repairs, new a/c and ducts lighting and plumbing fixtures, electrical panels and wall wiring, new finishes as required and all in compliance with ADA requirements.  Design work is to be done on a fast track basis.  Funding is available in the 2006 C.O. Issue. (Approved by Operations & Finance Committees)

 

18.    Consideration for approval of amendment No. 2 to Howland Engineering and Surveying Co. in the amount of $8,500.00 for updating design and construction plans and specifications of the 24” Water Transmission Line from Mary Help of Christian Booster Station to International Boulevard along Michigan Avenue to meet Texas Water Development Board/ American Recovery & Reinvestment Act requirements.  The revised contract amount is $150,400.00.  Funding is be available in the 2008 Utility Bond. (Approved by Operations & Finance Committees)

 

19.    Consideration for approval to award a construction contract to the lowest bidder ALC Construction, Inc., Laredo, Texas, in the base bid amount of $320,484.25 for the Sidewalk City-Wide Project No. 38 (50 Blocks) – District VIII.  Construction contract time is ninety (90) working days.  Funding is available in the 2009 C.O. Bond. (Approved by Operations Committee; however, item tabled by Finance Committee pending additional information and a review by the City Attorney.)

 

20.    Consideration to authorize the City Manager to place work orders with several creative services providers during Fiscal Year 2009-2010 for the design and production of advertisements and marketing images to promote Laredo as a destination.  The total amount is not to exceed $30,850.00.  Funding is available in the CVB Marketing Division Budget. (Approved by Operations & Finance Committees)

 

21.    Consideration to award the contract to Antares Development Corporation, San Antonio, Texas, in the amount of $552,900.00, utilizing the BuyBoard cooperative purchasing program contract award #225-06, to automate, archive, and steamline the data system operations to improve the environmental health services mobile business processes, food permits, inspections and animal control field operations, for phase III of the Data Management Infrastructure Project for the City of Laredo Health Department.  Funding is available in the Health Department Operational budget and the stimulus grant. (Approved by Operations & Finance Committees)

 

22.    Authorizing the City Manager to enter into a (1) one-year service agreement with SunGard Public Sector, Lake Mary, FL, in the amount of $133,240.00.  The service agreement is for software enhancements and maintenance on the financial applications residing on the City’s IBM iSeries computer system for the period of October 1, 2009 through September 30, 2010.  Funding is available in the Information Technology Fund. (Approved by Finance Committee)

 

23.    Approval of Change Order #1 for a credit of $564.00 and consideration for acceptance, final payment and release of retainage in the amount of $50,586.80 to Qromex Construction Granite Shoals, Texas.  Funding is available in the 2007 & 2008 Sewer Bonds. (Approved by Operations & Finance Committees)

 

24.    Authorizing the City Manager to approve payment from the City’s Arena Renewal and Replacement Account for the purchase of chair parts, trane chiller and electrical water heater in the total amount not to exceed $66,000.00.  Funding is available under the Sports and Community Venue Fund. (Approved by Finance Committee)

 

25.    Consideration to authorize a Construction Agreement with AEP, Laredo, Texas, in the estimated amount of $90,017.42 for the installation of street lights and transformer, and relocation of a pull box for the Bartlett Avenue Extension Project in Laredo, Texas.  Funding is available from 2006 Certificates of Obligation bond proceeds. (Approved by Operations & Finance Committees)

 

26.    Consideration to award one (1) year contracts to:

 

1) VF Imagewear Inc., Houston, Texas in the estimated amount of $50,000.00 through the State of Texas- Texas Multiple Award Schedule (TXMAS) cooperative purchasing program for the purchase of industrial uniforms and;

 

2) G&K Services, San Antonio, Texas in the estimated amount of $25,000.00 through the Buyboard cooperative purchasing program for the purchase of industrial uniforms.

 

Funding is available in the various department budgets. (Approved by Finance Committee)

 

27.    Authorizing the City Manager to award a contract with Dannenbaum Engineering in the amount of $294,012.00 for the preliminary engineering design phase and feasibility study of the Rio Grande Low Water Weir Project funded by the International Boundary and Water Commission for the development of a weir along the Rio Grande River, said weir being constructed primarily for water storage, conservation, generating hydroelectric power and providing recreational opportunities for citizens of both the U.S. and Mexico; the United States International Boundary Water Commission (USIBWC) and City of Nuevo Laredo proposes to cost share in this study in an amount of  $250,000.00 and $50,000.00 respectively. (Approved by Operations & Finance Committees)

 

XII.         GENERAL COUNCIL DISCUSSIONS AND PRESENTATIONS

 

28.     

a.     

A.           Request by Mayor Raul G. Salinas

 

1.       Report on the status of the Civil Service Ordinance, with possible action.

 

B.        Request by Council Member Dr. Michael Landeck

 

1.       Discussion with possible action regarding all issues concerning the completion of construction and repairs to the Santa Rita Park.

 

C.        Request by Council Member Juan Narvaez

 

1.       Update and with possible action on juvenile delinquency concerns discussed at a recent forum attended by various local officials, members of several law enforcement agencies, and community organizations. (Co-sponsored by Mayor Raul G. Salinas)

 

2.       Status report with possible action on the enforcement of city ordinance(s) regarding solicitations for alms (“pan handling”) by groups and individuals on City streets and right-of-ways.

 

D.        Request by Council Member Gene Belmares

 

1.       Discussion with possible action on drafting a resolution in support for Kansas City Southern Railroad East Laredo Bypass Loop, a $4,000,000 plus investment.  (Co-sponsored by Cm. Landeck)

 

2.       Discussion with possible action on drainage improvements on Forest Loop.

 

E.        Request by Council Member Jose A. Valdez, Jr.

 

1.       Discussion with possible action to create a local City of Laredo builder’s registry program similar to the Texas Residential Construction Commission (TRCC).

 

2.       Discussion with possible action regarding all District VII park projects.

 

F.         Request by Council Member Cynthia Liendo Espinoza

 

1.   Discussion with possible action on opening negotiations with

      property owners around the proposed convention center site.

 

2.   Discussion with possible action to consider the use of

      Hotel/Motel funds for the Rio Fest. (Co-sponsored by Cm.                                                                                                                                                                                                                    Gene Belmares

 

XIII.       STAFF REPORTS

 

29.    Staff report with possible action for allocating a maximum of three thousand dollars ($3,000.00) for the purchase of ceremonial armaments for the Veteran’s Color Guard to provide appropriate military funeral decorum (21 gun salute) for all Laredo veterans.   

 

XIV.      EXECUTIVE SESSION

 

The City Council hereby reserves the right to go into executive session at any time during this public meeting, if such is requested by the City Attorney or other legal counsel for the City, pursuant to his or her duty under Section 551.071(2) of the Government Code, to consult privately with his or her client on an item on the agenda, or on a matter arising out of such item.

 

XV.        RECESS AS THE LAREDO CITY COUNCIL AND CONVENE AS THE LAREDO MUNICIPAL HOUSING CORPORATION

 

30.    Consideration to award contract FY09-092 to Freddy Insulation Inc., Laredo, Texas in the amount of $78,236.80 for the installation of loose fill fiberglass insulation for 144 units at the Jose Flores duplexes.  Funding is available from the AEP Weatherization Grant Program in the Municipal Housing Budget. (Approved by Operations & Finance Committees)

 

31.    Consideration to award contract FY09-093 to DeHoyos Air Conditioning, Laredo, TX in the amount of $473,412.00 for the installation of 145 complete central air conditioning and heating units at the Jose Flores Duplexes.  Funding is available from the AEP Texas Central Low Income Weatherization Program grant. (Approved by the Operations Committee; however, the Finance Committee recommended additional review with a presentation to the entire City Council)

 

XVI.      RECESS AS THE LAREDO MUNICIPAL HOUSING CORPORATION AND CONVENE AS THE LAREDO MASS TRANSIT BOARD

                       

32.    Authorizing the City Manager to accept and execute the Texas Department of Transportation (TXDOT), Section 5317, New Freedom (NF) Project Grant Agreement #51022F7072 in the amount of $218,624.00 with a local match of $54,656.00, for a grant total of $273,280.00; and to amend the FY 2009-2010 Transit Capital Grants Budget by appropriating the same amount for the purchase of Americans with Disabilities Act (ADA) vehicle equipment (as amended.) (Approved by Operations & Finance Committees)

 

33.    Authorizing the City Manager to accept and execute the Federal Transit Administration (FTA) Grant TX-04-0047, Section 5309, in the amount of $714,000.00 with a local match of $178,500.00, for a total grant budget of $892,500.00; and to amend the FY 2008-2009 Transit Capital Grants Budget in the amount of $892,500.00 to be used for the Transit “Administrative/ Operational/ Maintenance Facility”. (Approved by Operations & Finance Committees)

           

XVII.     ADJOURN AS THE LAREDO MASS TRANSIT BOARD AND RECONVENE AS THE LAREDO CITY COUNCIL AND ADJOURN

 

           This notice was posted at the Municipal Government Offices, 1110 Houston

           Street, Laredo, Texas, at a place convenient and readily accessible to the

           public at all times. Said notice was posted on Wednesday, September 30,

           2009 at 6:45 p.m.

 

 

                                                                  __________________________

                                                                   Gustavo Guevara, Jr.

                                                                   City Secretary